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'English law probably does, and certainly should, recognise a duty to bargain in good faith.' I Caveat Emptor English courts have persistently repudiated a general principle of good faith in English law. Naturally, this 'caveat emptor' approach has caused problems - particularly in pre-contractual negotiations - and the courts have responded in a typically English fashion with, in Lord Bingham's words, "piecemeal solutions in response to demonstrated problems of unfairness"1. This paper will analyse these 'piecemeal solutions' in an attempt to extrapolate a duty to bargain in good faith, and will then seek to critically assess the merits of such a duty. II Does English Law Recognise a Duty to Bargain in Good Faith? It must first be stated that English law does recognise a duty to bargain in good faith where the parties are in a fiduciary relationship. This can occur where the parties are in a position of trust, for example, the relationship between...

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